Criminal Law Amendment Act 1945

A recognisance ordered to be entered into under orders in section 656 of the Criminal Code, by an offender who has been convicted of an offence of a sexual nature shall, if the court or, upon summary conviction, the justices so order, contain a condition that the offender be under the supervision of such person as may be named in the order or in any order from time to time made in amendment thereof (which order or orders are hereby authorised to be made by the court or the justices, as the case may be), during the period specified in the order and such other conditions for securing such supervision as may be specified in the order, (in this section called a probation order).

For the purposes of this section the Governor in Council may appoint persons as probation officers or children’s probation officers.

Except as otherwise permitted by this section, the person named in any probation order shall be selected from amongst the probation officers and, in the case of an offender under the age of 18 years, such person shall, in the absence of good reason to the contrary shown to the court or justices making the order, be selected from amongst the children’s probation officers.

It shall be lawful to name in a probation order as the person to undertake supervision in any special case, a person who is the agent of a voluntary society and any sums payable by way of salary, remuneration or otherwise for the performance of his or her duties under this section to such agent may be paid to the society.

In subsection (4)—voluntary society means a society carrying on mission work in connection with Magistrates Courts or any work of that nature in connection with the supervision and care of offenders.

It shall be the duty of a probation officer, subject to the direction of the court or justices—

to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the probation officer may think fit;

to see that such person observes the conditions of the person’s recognisance;

to report to the court or justices as to such person’s behaviour;

to advise, assist, and befriend such person, and, when necessary, to endeavour to find such person suitable employment.

A probation officer shall be entitled to be paid such salary or to receive such remuneration for acting under a probation order as the Governor in Council directs, and may in either case be paid such out-of-pocket expenses as may be allowed by the Governor in Council.